Sanjukumar Vs Divisional Controller (Karnataka High Court)
The petitioner challenged the order dated 13.12.2024 passed by the respondent-Corporation terminating his services as a KSRTC Security Guard (Group-3). He had been appointed on compassionate grounds following the death of his father in service after due selection, including document verification and physical test. While in service, a show cause notice alleged that he had produced false educational documents and had not appeared for the concerned semester examination, thereby securing appointment by misrepresentation. His services were terminated on that basis.
The petitioner contended that the termination order was stigmatic and punitive, founded on allegations of misconduct, and was passed without conducting any departmental enquiry or affording him an effective opportunity of hearing. He submitted that the alleged verification report was not furnished to him and relied on a Division Bench decision which had set aside similar termination orders.
The respondents argued that the petitioner secured appointment by producing fake educational documents and that under the terms of appointment and relevant regulations, the Corporation was entitled to cancel such appointment.
The Court framed the issue whether the termination order passed without a departmental enquiry and opportunity of hearing was sustainable. It noted that the impugned order was based on allegations of fake educational documents and misrepresentation, thereby casting a stigma. No enquiry was conducted and no opportunity was given to rebut the material relied upon. The Court held that the termination was not a discharge simpliciter but a punitive termination.
